13
Working together to end immigration detention:
a collection of noteworthy practices
Ending detention of children in the
immigration context
Research has shown the serious impact of detention
child immigration detention was reached among
on children’s health, psycho-social development and
international human rights bodies. In 2014 the
well-being.38 Detaining children for reasons related
Parliamentary Assembly of the Council of Europe
to their or their parents’ migration status conflicts
(PACE) recalled 42 that unaccompanied children
with the best interests of the child. Immigration
should never be detained, and that the detention of
detention is never in the child’s best interests and
children based on their or their parent’s immigration
should always be forbidden.39
status is contrary to the best interests of the child.
In order to raise further awareness and encourage
The UN Committee on the Rights of the Child has
states in Europe to adopt alternatives to detention
deemed child immigration detention to be in violation
that are in line with the best interests of the child and
of the UN Convention on the Rights of the Child, and
allow children to remain with their family members in
a growing number of international bodies have called
community-based settings, in 2015 PACE launched
on states to put an end to the immigration detention
a campaign to end the immigration detention of
of children.
children.43
This outcome was made possible thanks to the
In the Global Compact for Safe, Orderly and Regular
active campaigning of several organisations
Migration, 44 as well as in the Global Compact
who joined together in the ‘Global Campaign
on Refugees, 45 states committed to developing
to End Child Detention at the United Nations
“non-custodial and community-based alternatives
40
Human Rights Council’ launched by International
to detention”, in particular for children, with the
Detention Coalition (IDC)41 in 2012. In the following
ultimate aim of ending child detention in the context
years, a general consensus over the abolition of
of migration.
38 S. Mares, 2021, Mental health consequences of detaining children and families who seek asylum: a scoping review, “European Child & Adolescent Psychiatry”,
30; Save the Children Action Network, 2018, 5 Harmful Long-term Effects of Family Detention on Children [accessed on 23 October 2023]; A. Farmer (2013), The
impact of immigration detention on children, “Forced Migration Review”; International Detention Coalition – IDC (2012), Captured childhood; PICUM, 2019, Child
detention in Europe; and PICUM, 2021, Immigration detention in Europe: what safeguards for people with vulnerabilities?.
39 PICUM, 2022, Immigration detention and de facto detention: what does the law say?, Q.6.
40 See Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and Committee on the Rights
o f t h e C h i l d , 2 0 1 7 , J o i n t G e n e ra l Co m m e n t N o. 3 o f t h e C M W a n d N o. 2 2 o f t h e C RC i n t h e c o n t ex t o f I n t e r n a t i o n a l M i g ra t i o n :
G e n e r a l p r i n c i p l e s . S e e a l s o U N H C R , 2 0 1 7 , U N H C R ’s p o s i t i o n r e g a r d i n g t h e d e t e n t i o n o f r e f u g e e a n d m i g r a n t c h i l d r e n i n t h e
migration context; OSCE Office for Democratic Institutions and Human Rights (ODIHR), 2022, Immigration detention is never in the best interest of children and
must end, OSCE human rights head says [accessed on 23 October 2023].
41 International Detention Coalition (IDC) is a global network of organisations, groups, individuals, and representatives of communities impacted by immigration
detention, based in over 75 countries. Its mission is to put an end to immigration detention, by implementing rights-based alternative to detention.
42 Parliamentary Assembly of the Council of Europe (PACE), 2014, The alternatives to the immigration detention of children (Recommendation 2056 (2014).
43 For more information see PACE, The Parliamentary Campaign to End Immigration Detention of Children [accessed on 23 October 2023].
44 United Nations, 2019, Global Compact for Safe, Orderly and Regular Migration (A/RES/73/195).
45 United Nations, 2018, Global Compact on Refugees.
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